Lindsay Lohan’s Lawyer Called “Incompetent”

Lindsay Lohan is going to trial, again. This time it’s for lying to Santa Monica police about an accident involving her Porsche, and claiming she was not the driver.

She and her attorney, Mark Heller, appeared in court yesterday to plead for an extension of the trial date. Lohan’s attorney asked the judge to “give her leeway to show that she’s worthy of compassion.” But Los Angeles County Superior Court Judge James Dabney wasn’t moved.

“I don’t know how the next two weeks is suddenly going to change the history of this case, these cases,” Dabney said.

The judge turned to Lohan and warned her that if she doesn’t hire a different attorney before the March 18th trial date, she will lose her right to “competent representation”. “I am somewhat concerned whether you have sufficient guidance from local counsel,” the judge told Lohan’s New York attorney after he filed a bill of particulars, a motion not used in California criminal procedure.

Dabney continued to lecture Heller for 10 minutes about that motion, and several others not used in California courts.

Until last month, Lohan was represented by Shawn Holley, one of the nation’s top attorneys. Heller became her lawyer after representing her in New York.

Heller filed a motion to dismiss the case against Ms. Lohan. Dabney informed him that under California law, a motion to dismiss must be made at the arraignment. Heller was not her attorney at that time.

Santa Monica police said the 26-year-old actress told officers she was not driving a Porsche that rear-ended a truck on June 18 as she headed to the set of the TV movie “Liz & Dick.”

Lohan faces one misdemeanor count each of reckless driving, providing false information to an officer and willfully resisting, obstructing or delaying an officer.

To avoid a trial on those charges, and avoid prosecution for violating her parole on shop lifting charges, Lohan must agree to 90 days in a lock-down rehabilitation facility.

Heller attempted a plea bargain, but the District Attorney’s office refused to agree to any deal that did not include a minimum 90 day stay at a facility.

Stay tuned for the next installment of “the Life and Times of Lindsay”.